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STATE v. HOBBS
Supreme Court — Dismissals — No debatable constitutional question involved — Criminal law — First degree murder — Killing while attempting burglary — Intoxication — Intent to steal or commit felony omitted from charge — Voir dire examination disclosed juror had formed opinion — Juror later stated she could follow law — Right to trial by fair and impartial jury — Confession of accomplice not made in presence of accused — Read to accused and admitted to be true — Right to meet witnesses face to face — Accused testified as to his confession, in absence of jury — Confessions of accused and accomplice introduced in evidence — Prosecuting attorney commented on failure of accused to testify — Article I, Section 10, Constitution.
It is ordered and decreed that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.
Appeal dismissed.
WEYGANDT, C.J., MATTHIAS, ZIMMERMAN, WILLIAMS, MYERS and GORMAN, JJ., concur.
DAY, J., dissents.
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